PW 1 has further stated that he has visited his sister only one week prior to the incident and she told that she was being beaten and harassed by the accused-appellant. To tackle such issues the government of India passed the Dowry Prohibition Act 1961 and also introduced many provisions in IPC to take care of this issue, but the problem has such deep social roots that in a very few cases the accused is punished because it is very difficult to prove a dowry case. 6. Dowry Prohibition Act, 1961, S. 4–Penal Code, 1860, S. 498-A and 304-B–Evidence Act, 1872, S. 113-B–Dowry Death–Cruelty–Demand of Dowry–Essential ingredients :- (i) Death is caused in unnatural circumstances. Vs. State Of M.P. Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage by any burns or bodily injury or it was revealed that before her marriage she was exposed to cruelty or harassment by her husband or any other relative of the husband in connection to demand dowry, then the death of the woman will be considered as dowry death. The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death … Out of this wedlock, they were blessed with three children and appellant has to take care of them. November 22, 2019 9:16 am. In fact, this Court in the case of Hem Chand Vs. State of Haryana (1994) 6 SCC 727 has held that while imposing the sentence, awarding extreme punishment of imprisonment for life under Section 304-B IPC should be in rare cases and not in every case. Appellants V.K. Prosecution has not succeeded in establishing offence under Sections 498A and 306, IPC … Thus it clear that death of deceased was ”otherwise than under normal circumstances”. Insertion of this provision by the legislature has proved to be a boon to its women citizens. The allegation against all the three was that they. In doctor’s view, dowry death cases are like any other unnatural female death cases yet. (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for, or in connection with, any demand for … As per first information report, prosecution version is that marriage of the accused-appellant Ram Ajor was solemnized with deceased Vimla Devi (daughter of informant Daya Ram) about six years prior to the incident and that informant Daya Ram has given dowry like clothes, utensils and and watch etc. PW-3 Kesra Devi is sister of first informant and she has also deposed that accused appellant used to harass the deceased on account of dowry. And deserve to be a dignified status in society. The presumption shall be raised only on proof of the following essentials: (1) The question before the court must be whether the accused has committed the dowry death of a woman. (ii) In dowry death cases and in most of such offences direct evidence is hardly available and such cases are usually proved by circumstantial evidence. For the offence under section 304-B IPC, the punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. Section 304B IPC thus prescribes statutory minimum of seven years. In Kulwant Singh & Ors. The membranes and brain of deceased were congested. The necessary ingredients to prove the offence of dowry death punishable under section 304-B IPC have been discussed by the Hon’ble Apex Court time and again. Section 304B is a provision which is peculiar in its scope and applicability. ”Presumption under Section 113-B is a presumption of law. Also Read: What Law Says On Domestic Violence, Meet Taruna Sethi, The Dynamic Lady Behind India’s Karuna Quilt Project, Meet The Top 5 Most Googled Women Of 2020Â, Ankita Raina Wins The Doubles Tennis At $100 TFK Women’s Event In Dubai, This Entrepreneur Widens Eco-Friendly Market Using 3 Basic Raw Materials, Global Influencer Diipa Büller -Khosla On Embracing Motherhood & Self-Love, Expert Talk: What Law Says On Domestic Violence, Expert Speak: Managing Your Energy As A Parent, Trolls And Patriarchy Are More Linked Than You Think. On 23.06.2004 informant Daya Ram has submitted a tehrir exhibit Ka-1 at the police station alleging facts as mentioned earlier and on that basis case was registered on 23.06.2004 by 16:30 hours under Section 498A, 304B IPC and ¾ DP Act against accused-appellant Ram Ajor and co-accused Kismati Devi vide FIR exhibit Ka-6. Section 304B in The Indian Penal Code. That apart, it may also be observed that while awarding life imprisonment, the trial court did not assign any reasons. 22. 2000/- under Section 4 DP Act. During course of the investigation site plan exhibit Ka-3 was prepared and statements of witnesses were recorded. Meanwhile, accused-appellant has also developed illicit relations with one widow lady namely Kismati Devi. Section 304B Dowry death— (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be … However, the Uttarakhand High Court reversed the judgment and convicted the accused husband of causing the dowry death. 25. Besides, it is a cognizable and non-bailable offence. Read Also: Bail for Offences Under Section 498a and 406 of IPC IPC Section 498 – A deals with husband or relative of husband of the subjecting her to cruelty Dowry Laws In India As a matter of fact, the trial court only found that the death was unnatural and the aspect of cruelty has been established and therefore the offences punishable underSection 304-B and 201 I.P.C. Investigation was conducted by PW-5 Ashok Kumar, Circle Officer, Mehdawal, Basti. Appellants No. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). They have been subjected to cross-examination but no such adverse fact could emerged so as to affect the substance of their testimony. If that is shown then the court shall presume that such a person has caused the dowry death. The death of a woman should have been caused by burns or bodily injury or it should occur that the death is not caused under normal circumstances 2. In 2016, reported dowry death cases in India amounted to more than 7.1 thousand. Hon’ble Ramesh Sinha, J. 4. The Hon’ble Apex Court observed as under: ”Having arrived at the above conclusion the quantum of sentence requires consideration. The session court acquitted the accused stating that this was case of accident where deceased slipped into the well and died and that there were no demands for dowry either at time of engagement or marriage. Applying the principles of law laid down in the aforementioned cases and having regard to the totality of facts and circumstances of the instant case including the fact that accused-appellant Ram Ajor in custody since last 16 years, we are of the considered opinion that the ends of justice would meet, if we reduce the sentence of the appellant from life imprisonment to that of already undergone by the accused-appellant. As stated earlier, from evidence on record it is established that deceased Vimla was subjected to cruelty or harassment by her husband / appellant in connection with the demand for dowry and that such cruelty and harassment was soon before her death. Durga Prasad v. State of Madhya Pradesh, (2010) 9 SCC 73. and section 113-B of the Evidence Act is present with the idea of proximity text. So far as quantum of sentence is concerned, it was submitted by learned counsel for the appellant that the trial court has awarded maximum sentence ie imprisonment for life, without considering the relevant facts and the sentence awarded to accused-appellant is quite excessive and arbitrary. We, accordingly while confirming the conviction of the appellant under section 304-B IPC, reduce the sentence of imprisonment for life to 10 years’ rigorous imprisonment. We are of the view, in the facts and circumstances of the case, that a sentence of 10 years’ rigorous imprisonment would meet the ends of justice. vs. State of Punjab, (2013) 4 SCC 177, while dealing with dowry death Section 304B and 498A IPC in which death was caused by poisoning within seven years of marriage conviction was affirmed. The sentences awarded under section 498-A IPC and Section 4 of Dowry Prohibition Act by the trial court, are upheld. vs. State of Haryana {1991(1) SCC 371} and in Kans Raj vs. State of Pubjab and ors. v. State of Haryana, (2011) 4 SCC 427 at 431, Pathan Hussain Basha v. State of A.P., (2012) 8 SCC 594 at 599, Kulwant Singh & Ors. It, … Dowry … In 1986 a new offence known as dowry death was inserted in the Indian Penal ode by the Virtue of Section 304-B. Motilal vide inquest report exhibit Ka-8 and dead body of the deceased was sealed and it was sent for post-mortem. Therefore awarding extreme punishment for life should be in rare cases and not in every case.”. The Supreme Court has taken a view that only in rare cases should life imprisonment be awarded to those convicted for causing the death of women in dowry-relate The interval between cruelty and death of deceased is not much and such gap has to be examined in the attending facts and circumstances of the matter. PW-1 Surya Bhan and PW-2 Daya Ram have made quite clear and cogent statements. Let the lower court record be transmit to the trial court concerned for its information and compliance. 28. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India. It was stated that marriage of deceased has taken place six years prior of the incident and that soon after the incident, accused-appellant himself has informed police vide exhibit kha-1. 9. Dowry deaths is violence by the husband and his family with a motive of extortion of gifts and other demanded fro… Likewise there is a presumption under Section 113-B of the Evidence Act as to the dowry death. This approximates to one bride being burned every hour. It is obligation of Court to constantly remind itself that right of victim, and be it said, on certain occasions persons aggrieved as well as society at large can be victims, never be marginalised. They used to demand a golden chain and colour TV as additional dowry. Cause of death was due to asphyxia as a result of strangulation. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. In our view, this case does not fall in the category of a “rare case” as envisaged by the Apex Court so as to award maximum sentence of life imprisonment. 7 of the judgment has held as under:-, “7. Though the mitigating factor noticed in the said case was different, in the instant case keeping in view the age of the appellant and also the contribution that would be required by her to the family, while husband is also aged and further taking into consideration all other circumstances, the sentence as awarded by the High Court to the appellant herein is liable to be modified.”. DOWRY DEATH RELATED LAWS The IndianPenal Code (I.P.C. The legislature’s effort to curb dowry deaths lead to the amendment of the Act in 1984 and again in 1986. The offence of dowry death has been inserted in the IPC as Section 304-B by the Dowry Prohibition (Amendment) Act, 1986. Heard Sri Sheetala Prasad Pandey, learned counsel for appellant and Ms. Archana Singh, learned A.G.A. In 2012, 8,233 dowry death cases were reported across India, while in 2013, 8,083 dowry deaths were reported. That belief is reinforced by cultural attitudes that consider women to be of less value than men. In the instant case no doubt the prosecution has proved that the deceased died an unnatural death namely due to strangulation, but there is no direct evidence connecting the accused. It can therefore be seen that irrespective of the fact whether such person is directly responsible for the death of the deceased or not by virtue of the presumption, he is deemed to have committed the dowry death if there were such cruelty or harassment and that if the unnatural death has occurred within seven years from the date of marriage. When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. It can therefore be seen that irrespective of the fact whether the accused has any direct connection With the death or not, he shall be presumed to have committed the dowry death provided the other requirements mentioned above are satisfied. However under S 304B,it is dowry death that is punishable provided death occurred within seven years of marriage. 27. In view of evidence there appears a proximate and live link between the effect or cruelty based on dowry demand and the death of deceased. Section 304 B dowry death. In Kulwant Singh & Ors. Forensic expert, as a rule, must try his level best to find out the This means we are able to keep this site free-of-charge to use. There must be existence of a proximate and live links between the effect or cruelty based on dowry demand and the concerned death. Further, the provision is applicable if the following essentials are present in the offence committed- 1. 724 OF 2019 Kashmira Devi Versus State of Uttarakhand & Ors, decided on 28.01.2020, Hon’ble Apex Court reduced the sentence of life under section 304-B IPC to imprisonment for 7 years. On proof of the essentials mentioned therein, it becomes obligatory on the court to raise a presumption that the accused caused the dowry death. ”Soon before’ is a relative term and it would depend upon the circumstances of each case and no straitjacket formula can be laid down as to what would constitute a period of soon before the occurrence. ... incorporated in the Indian Penal Code 1860 to . It was further observed that it would be hazardous to indicate any fixed period, and that brings in the importance of a proximity test both for the proof of an offence of dowry death as well as for raising a presumption under Section 113-B of the Evidence Act. Here it would be pertinent to mention that even death by suicide also falls within the ambit of ”death otherwise than under normal circumstances ” as contemplated under section 304-B (1) of IPC. At this stage it would be pertinent of mention that Section 113-B of the Evidence Act mandates that the Court has to raise the statutory presumption in a case where it is shown that soon before her death such woman has been subjected to cruelty or harassment for or in connection with any demand of dowry. Dowry death case: HC acquits two sisters-in-law, says victim in dying declaration used singular term, not plural. Learned counsel for the appellant has not disputed the findings of facts and he has confined his arguments only regarding quantum of sentence. Death of legally Death of deceased was accidental as she was suffering from epilepsy for last 3 years — This fact is fortified by DW 1-Doctor and DW 2-Investigating Officer, who recorded her statement. Sharma is father, Gayatri Devi is the mother while Arun Kumar Sharma (appellant) is the son. “Every dowry demand is a death threat.” According to the National Crime Records Bureau’s report (2012 data), 8,233 incidences of dowry deaths were reported under Section B of the Indian Penal Code (IPC) and 1,06,527 incidences of cruelty by husband or his relatives under Section 498 A of IPC. The provision under sec 304-B are more stringent than provided U/s 498-A of IPC. 23. was made out. All these are worn out by the cruel hands of dowry-related deaths. Dowry death.—. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC.) … Continue reading Dowry Cases: Section 498-A of IPC On 21.06.2004 at around 10:00 AM while the deceased has gone for collecting grass (fodder), she was done to death by accused-appellant and alleged Kismati Devi. When offence of dowry death under Section 304B of the IPC can be made out? Murder and section 306 IPC abetment to suicide. A reading of Section 304-B IPC would show that when a question arises whether a person has committed the offence of dowry death of a woman what all that is necessary is it should be shown that soon before her unnatural death, which took place within seven years of the marriage, the deceased had been subjected, by such person, to cruelty or harassment for or in connection with demand for dowry. Dowry prohibition Act, 1961 was enacted to prohibit in giving or taking of dowry and related offences. The dowry custom reinforces the idea that girls and women are a burden on society and that their value can be reduced to money and material goods. Towards the end after having a glimpse of both the cases, in the first case the Supreme court confirmed the punishment given by trail court because the burning of the bride was not mere coincidence but was a planned murder and amounted to dowry death as the case contained all ingredients of 304 B of IPC. The accused-appellant has not caused any injury to the deceased and that she committed suicide by hanging on a tree. The evidence produced by the defence may disclose that the death was not caused by them, or that the death took place in normal course on account of any ailment or disease suffered by the deceased or that the death took place in a manner with which they were not at all connected. SECTION 498A: This particular section under Indian Penal Code (IPC) says that if husband of a woman or husband’s relatives subjects any forms of cruelty to the woman are liable for penalties which include imprisonment not less than 3 years as well fine up to certain extent as well as it’s a non bailable offence. 3. It lays down that the court shall presume that the person who has subjected the deceased wife to cruelty before her death shall presume to have caused the dowry death if it is shown that before her death, such woman had been subjected, by the accused, to cruelty or harassment in connection with any demand for dowry. India holds the highest number of Dowry Death cases in the World. The defence could have examined the doctor concerned or even summoned the record from the hospital to prove that in fact the deceased has suffered such ailment and had also been treated for such ailment.”. The victim had two sisters-in-law, who were earlier found innocent by the DSP but subsequently charged and pronounced guilty after trial. All Rights Reserved. It is also important to note in this context that there is no charge under Section 302 I.P.C. 13. 24. 7. In the instant case it is clear from post-mortem report of deceased that she died of strangulation. Thus it is apparent that there is evidence that till one week prior of the incident, the deceased was continuously being harassed for demand dowry. Dowry death, in 1986 a new offence know as dowry death was inserted in the IPC by the virtue of section 304-B. [Vice Sumer Singh Vs. Surajbhan Singh and others, (2014) 7 SCC 323, Sham Sunder Vs. Puran, (1990) 4 SCC 731, M.P. The other conviction and sentence passed against the appellant are confirmed.”. 35. 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